This website vitarecherche.com (the “Website”) is published by :
VITA RECHERCHE S.A.S, headquartered at 32 rue Chevert, 75007 - France.
VITA RECHERCHE can be contacted by email (contact@vitarecherche.com). Exchanges are in French or English.
Legal representative :
Marie De Ribains - President
The publication directors are :
Mrs De Ribains - President
Mr Martin - Director
The website is hosted by OVH SAS, 2, rue Kellermann, 59100 Roubaix.
1. Preamble
These General Terms and Conditions of Sale (GTCS) govern all commercial relations between VITA Recherche SAS, located at 32 rue Chevert 75007 PARIS, registered under the number 823301791, hereinafter referred to as “the Seller”, and any individual or legal entity making a purchase, either directly from the company, or via the website www.vitarecherche.com, hereinafter referred to as “the Buyer” or “the Customer”.
These General Terms and Conditions are accessible at all times on the VITA Recherche website and prevail over any other document or condition issued by the Customer. Any order placed, regardless of the origin of the order, implies full acceptance of these GTCS.
2. Products
The Seller offers dietary supplements and cosmetics for sale. Each product is presented with a detailed description including its main characteristics, composition and precautions for use, in accordance with current legislation in France and Europe.
Product photographs and descriptions are provided for illustrative purposes only and are not contractually binding. However, the Seller undertakes to provide accurate information on the essential characteristics of the products.
3. Orders
For orders placed on the www.vitarecherche.com website, the Buyer must create a customer account or use an existing account. The Buyer must verify the accuracy of the order before validating it. The order becomes firm and definitive after confirmation by email from the Seller.
For orders placed directly with a representative of the Seller, the Buyer must transmit his order by any appropriate means enabling the exact identification of the Buyer's requirements (product, quantity, delivery address, etc.) and the proper execution of the order by the Seller. The order becomes firm and definitive after confirmation by the Seller via the same means of communication chosen by the Buyer.
The Seller reserves the right to refuse any order for legitimate reasons, in particular in the event of a dispute relating to a previous order, a payment not honored, or if the quantities ordered are abnormally high.
4. Prices and payment terms
VITA Recherche SAS reserves the right to modify its prices at any time. The prices quoted include any discounts and rebates granted by VITA Recherche SAS to the Buyer.
4.1. Individual Buyers
Product prices are quoted in euros, inclusive of all taxes, and exclude delivery charges. VAT is calculated with the applicable rate at the date of purchase. Where applicable, delivery charges are added before final validation of the order and are clearly indicated to the Customer.
Payment is made at the time the order is placed, by credit card, bank transfer or any other means of payment offered on the site. No shipment will be made until full payment has been received. Payments are secured using protocols that comply with current standards.
If the Buyer resides outside the European Customs Union, his order may be subject to customs duties and/or taxes collected at the time of delivery, which the Buyer will have to bear. The Vendor is not in a position to determine the amount of these taxes in advance. The Buyer is therefore requested to contact his national customs office for further information.
4.2. Professional Buyers
Prices are indicated in euros, exclusive of tax (HT). Consequently, the prices invoiced will be increased by the VAT rates in force on the order date and according to the product category ordered. Where applicable, transport costs will be invoiced in addition and in proportion to the quantities ordered. Payment is made in accordance with the commercial terms agreed between the parties, by bank transfer or any other means of payment defined and validated by the 2 parties. No discount will be granted for early payment.
5. Late payment
In the event of total or partial non-payment for goods delivered on the date of acceptance, the Buyer shall pay the Seller a late payment penalty equal to three times the legal interest rate in force on the day of delivery of the goods. This penalty is calculated on the amount due, inclusive of tax, and runs from the due date of the price, without the need for prior formal notice. In addition to the late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed indemnity of 40 Euros to cover collection costs. (Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code). If, within fifteen (15) days of the implementation of the “Late payment” clause, the Buyer has still not paid the outstanding amount, the sale will be cancelled by operation of law and may give rise to a claim for damages against VITA Recherche SAS.
6. Retention of title clause
The Seller retains ownership of the goods sold until full payment of the price, in principal and in accessories. In this respect, if the Buyer is the subject of receivership or liquidation proceedings, the Seller reserves the right to claim, within the framework of the receivership proceedings, the goods sold and remaining unpaid.
7. Delivery
Products are delivered to the address indicated by the Buyer at the time of ordering. The Seller delivers to Metropolitan France and European Union countries. Outside these geographical areas, the Seller reserves the right to accept the sale or not, depending on current contracts with its distributors.
Delivery times are indicated when the order is placed and depend on the carrier and the destination. The Seller makes every effort to respect the delivery times announced, but cannot be held responsible for delays caused by the carrier. The Seller cannot commit to delivery times outside mainland France, given the possibility of customs procedures at the Buyer's expense.
In the event of a delay, the Customer will be informed as soon as possible, and will have the option of cancelling the order if the delay exceeds the usual lead time communicated at the time of ordering by more than 15 working days. The Seller will then reimburse the full amount paid within 7 working days of the cancellation, subject to the return to its warehouse of the products ordered in their original condition.
8. No right of withdrawal
In accordance with article L221-28 of the French Consumer Code, the right of withdrawal does not apply to the following products:
- Sealed products that cannot be returned for reasons of health protection or hygiene, once unsealed by the Customer (such as cosmetics or dietary supplements);
- Goods likely to deteriorate or expire rapidly (such as cosmetics or dietary supplements).
By validating his/her order, the Buyer expressly accepts that he/she waives his/her right of withdrawal for the products ordered.
9. Warranty and liability
Products are covered by the legal warranty of conformity and the warranty against hidden defects, in accordance with the legal provisions in force.
The Seller cannot be held responsible for indirect damage resulting from the purchase or use of products, particularly in the event of allergy or intolerance. It is the Customer's responsibility to check the composition of products before use, and to consult a health professional if necessary, particularly for dietary supplements.
The Vendor cannot be held liable in the event of the non-performance of its obligations being attributable either to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
The Vendor cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.
Furthermore, the Vendor cannot be held liable for any violation of the laws in force in the Buyer's country of residence, insofar as he has not actively directed his activity towards the latter through targeted marketing operations.
10. Protection of personal data (RGPD)
In accordance with the General Data Protection Regulation (RGPD) and the French Data Protection Act (Loi Informatique et Libertés), the Seller is responsible for processing personal data collected in connection with the order. This data is necessary for the management of the order and the commercial relationship.
10.1. Data collection
Personal data collected includes:
- Identity: surname, first name;
- Contact details: postal address, telephone number, email;
- Payment information: for transaction management purposes.
This data is collected when a customer account is created and when an order is placed on the site.
10.2. Purpose of processing
Personal data is collected for the following purposes:
- Order processing and management (including payment, delivery and after-sales service);
- Customer relationship management and order tracking;
- Sending commercial information, for example in the form of a newsletter, subject to the customer's prior consent;
- Compliance with legal and regulatory obligations.
Under no circumstances will data be transferred to third parties, except to subcontractors involved in order management (carriers, payment service providers), in compliance with data protection regulations.
10.3 Retention period
Personal data is kept for the time necessary to achieve the purposes for which it was collected:
- Order-related data is kept for 5 years after the last order;
- Invoicing data is kept for 10 years in accordance with legal accounting obligations;
- Data relating to commercial communications (newsletters) are kept for as long as the customer has not withdrawn his consent.
10.4 Customer rights
In accordance with the RGPD, the Customer has the following rights:
- Right of access: the Customer may request access to personal data concerning him at any time;
- Right of rectification: the Customer may request the modification of inaccurate or incomplete data;
- Right to erasure (right to oblivion): customers may request the deletion of their personal data under certain conditions;
- Right to restrict processing: the customer may request the suspension of data processing in certain cases;
- Right to object: customers may object to the processing of their data for legitimate reasons;
- Right to portability: customers may request a copy of their personal data in a structured format.
These rights may be exercised at any time by contacting the Seller at the following address: contact@vitarecherche.com or by post at the Seller's postal address defined in the Preamble.
The Seller undertakes to respond to Customer requests within one month.
10.5. Data security
The Seller undertakes to implement all technical and organizational measures necessary to ensure the security of the Customer's personal data and to prevent their loss, deterioration or unauthorized access. In the event of a breach of personal data likely to infringe the Customer's rights and freedoms, the Seller will notify the CNIL (Commission Nationale de l'Informatique et des Libertés) of the incident within the legal timeframe and inform the Customer if necessary.
11. Intellectual property rights
All elements of the www.vitarecherche.com site, including texts, images and logos, are the exclusive property of the Seller or its partners. Any total or partial reproduction of these elements is strictly forbidden without prior authorization.
Thus, none of the documents from the Website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever.
However, it is possible to download a copy of the documents onto a computer for your personal use and for non-commercial purposes only, provided that you do not modify the information contained therein and that you keep intact all copyrights and other proprietary notices. Modification of these documents or their use for any other purpose constitutes an infringement of the Seller's intellectual property rights.
If you have a personal website and wish to place, for personal use, a simple link directly to the home page of the Website, you must request authorization from the Seller. Under no circumstances will this constitute an implicit affiliation agreement.
12. Force majeure
The Seller may not be held liable if the non-performance or delay in the performance of any of its obligations described in these GCS is due to force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.
13. Disputes and applicable law
These GTCS are governed by French law. In the event of a dispute, the Customer is invited to contact Customer Service in order to find an amicable solution.
Failing amicable resolution, the dispute will be brought before the competent courts of Paris.